Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-08-02
THE MURDER TRIAL.
THE DEFENSE RESTS It's CASE, AND RE-
BUTTAL BEGUN
What the Witnesses Yesterday SwOrs TO-A Flat
Contradiction Of Ralston'S Story
The End Almost IN
Sight


mony of the day was rather of an indie
cisive character. The defense depend upon
the story of RalstOn and the Keaggie
child, and the remaining evidence was OF
character corrobativc of what has here
toiore been stated.
In the afternoon the room began to fill
up, for it was generally known that the
defense would rest their case and the pros
ecution would open by an attempt to i'm
peach Ralston's testimony. ln the
short time the State was deal
ing with that worthy they
showed him up in a worse light than he
probably dreamed was possible. The eff
feet of GilmOre's testimony, coming rs it
did right in the face of Ralston's state
ment two minutes before, was paralyziDg,
and when the operation had been repeated
few times il began TO look as if some
thing was wrong with that glibly told
story Of his While witnesses were being
summoned to disproye his statements
RaIstou skunk out OF the court room, and
when called to have another false
hood crammed down his throat
could not be found. The
evidence OF one of the witnesses pro-
yOked not little amusement. The
worthy dame became very much excited
and for few minutes there was a very
fair prospect of hair pulling scene in
which the witness and counsel for the
prosecution would be the active particl-
pants.
Bakers father and son appeared upon
the stand. They were called to show the
whereabouts OF the prisoner on May 9th
and 10th.
The defense closed in chief and the
prosecution opened in rebuttal yesterday.
The rebuttal will not consume more than
a day and half There is fair prospect
of the case going to the jury by Friday.
JAMES PORTER,
of New Cumberland, testified that lie was
a fire brick manufacturer and owner of the
Clifton works, which are situated about
eight miles from Holidays Cove. | saw
two men Ot the works about five o'clock;
one was large man with black nous
tache and beard and had coat on; the
other was Il medium sized man with 4
-tuhby beard; his mouth stuck ont in 1
peculiar style and he was i'll his shirt
sleeves; they asked the night watChman II
they could get work and said they came
from the Cove and that murder had been
committed down there with an axe and 4
car bolt; he told them that he thought
they could get work on the pipe line; saw
them the next morning coming down the
hill; have not seen them since.
Cross examination--l told them to go Ia
the pipe line, that they might get work
there; they did not speak to me the next
morning; | heard of the murder at ten
O'Clock that day; / gave Baker u descrIp-
tiOn of the two men, he described them to
me first and asked me if they filled the de
scription; | IOld him this at the time the
grand Jury met; had not heard Of the
manner OF the killing before these men
told me
Randolph Gilmore took the stand and
testified that he resided at the Cove and
was working at Mr.. Dennings house about
two hundred yards from the McWha prem
iscs on the day of the murder Baker was
down there Monday morning and told Miss
NiSneT about dinner time that there was
no mail for her; don't remember dis
tinctly the remainder; he was there only
short time; ! was working at Wilcox
sons house on Tuesday, about two hundred
and fifty yards from MCWha's they were
going along slowly; heard the alarm of
murder a couple of minutes after the
buggy passed; ] went up to the
McWha house "a soon as | heard
the alarm and saw only Baker and
Herman Campbell; the parlor window
were half way up; some stats had been
broken out OF the shutter and the slivcrs
were on the bench below the window
There were tracks on the porch aS though
made by some one who had been in the
rain. Some of these lead to the east win
dow and Others to the parlor window
there was one mark on the bench by the
broken window. The mud on these tracks
was dry. saw nail marks on the porch /;
they were made by two feet and were in
front of the broken Stats.
Cross. examined do not know how
many men preceded me 10 the house.
noticed the SIZE of the track in the mud
and thought it had been made 10y seven
or eight shoe. could only distinguish
the nail marks i'm front of the window.
On these marks there was no mud. no.
ticed the sash of the window a short time
after ] came. The shutters were wide
open at the time. The piece on the carpet
was about one eighth of an inch wide and
four inches long. Baker called my atten-
tion to the window. did not notice the
tracks until | had gone for Mr. Lee.
SHERIFF LINDSAY.
/ was was present at the Cove when
Baker was arrested he did not say MY
God, You are not going to arrest me for
this horrible crime" When Campiield
came up to arrest him, | walked up and
put the handouts on his hands, and he
said, you don't have TO put these on
me, do you?' ! said yes, and he held out
his hand to have the other handcutl put
on; the arrangements for arresting Baker
had been made before he took the witness
stand before the coroner.
MARCELLUs BAKER.
On Wednesday May 11th, was at the
NcWha house; | arrived about . o'clock
first saw my father on the road talking
with some one; ! saw my father get out
of buggy when Mr.. Campbell came for
him to testify; he walked in II natural
manner to attend the coroner's inquest.
wM. BAKER, OF sTEUBENyILLE.
think it was on Wednesday that father
went West; | went To the train with him
and remained until nearly L. o clock, when
he told me need not stay any longer;
got a letter from father at Cross Creek,
which was dated on the 9th, mailed on the
10th, and | got it on the lllh. never
knew him to play poker in Herald place
never knew him to play poker at any
time.
SAMUEL EAI.STON, JR.
On Monday night, May 9Th, was at
home. and went to bed between and 10
o'clock: | was awakened hy racket ]
heard a couple of licks struck and fuss
made hy the dog; the old man got up and
loosed the dog; 1t seemed to me the llcks
sounded as though they were made over
e